CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
WEDNESDAY,
The City Council meets in the Council Chamber on Wednesday, February 3, 1999, and is called to order at 7:03 P.M. by Mayor Joseph S. Larisa, Jr.
Present: Mayor Joseph S. Larisa, Jr. ) Council Members
Rolland R. Grant )
Peter F. Midgley )
Norman J. Miranda )
Patrick A. Rogers )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to go into Closed Session to discuss Council Appointees Job Performance.
The Council recesses and goes into Executive Session.
Mr. Lemont announces that Omnipoint has withdrawn the item on the docket for tonight's meeting. He answers questions from the public pertaining to the issue.
The Executive Session ends, and the Council returns to the Council Chamber.
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to close the Executive Session and to continue it to February 16, 1999 at 7:00 p.m. and to return to Open Session.
The Open Meeting reconvenes at 7:40 p.m. with all Council members present.
The Invocation is given by Councilman Rogers.
The Salute to the Flag is led by Councilman Midgley.
Claudia Merandi, Merandi Reporting, is present to record the proceedings of the public hearings.
1. APPROVAL OF COUNCIL JOURNALS
January 19, 1999 - Regular City Council Meeting
January 19, 1999 - Closed Session Re: Council Appointees Job Performance Review
2. Coastal Resources Management Council – STIPULATIONS
File No.98-12-4 Requesting to do maintenance improvements to existing riprap revetment consisting of 40 linear feet +/- of concrete "cap" )2'-0" x 12" cap dimension) atop the revetment. Located: 66 Beach Point Drive, Plat 513, Block 58, Lot 1. ( Lucille Corrado)
3. File No. 99-1-11 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to construct an 8'x10' storage shed as per approved plans. Location: 85 White Ave, Plat 9, Lot 7. (Robert & Liza Duval)
4. Coastal Resources Management Council - RESIDENTIAL ASSENT
File No. 99-1-44 Construct 27' x 32' addition to existing dwelling/construct new foundation; located at plat 1, lot 12; 236 Narragansett Avenue. (Robert Almeida)
5. Alcoholic Beverage -Class F-1 - February 13, 1999
Applicant: St. Francis Xavier Church, 81 North Carpenter St
Subject to approval from Chief of Police
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to remove the minutes of the January 19, 1999 Closed Session from the Consent Calendar.
On a motion by Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the Consent Calendar as amended.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to keep the minutes of the January 19, 1999 Closed Session closed.
Mayor Larisa presents East Providence Police Officer John Andrews with a Proclamation in recognition of Officer Andrews being named Community Police Officer of the Year.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to change the order of business to hear the Omnipoint matter.
Omnipoint Communications requesting approval for lease of public property at Grassy Plains Playground for purposes of installing wireless communications facilities at this location.
Mr. Lemont states that he received word from Omnipoint earlier today that they would withdraw their petition and call a neighborhood meeting to try and convince people that there were no hazards to their proposal of a tower in the Grassy Plains Playground.
Mayor Larisa speaks on the ordinance procedure, and says he would support a change in the procedure that would provide that a notice go out by Certified Mail before the matter is heard by the Planning Board.
Sandra Nichols, 51 Tanglewood Drive, East Providence, Rhode Island is present and sworn. She states that she has a petition with several signatures against the proposal.
On motion of Midgley, seconded by Mr. Miranda, it is unanimously VOTED that the petitions will become part of the record after they are photo copied.
Representative Rose Larisa, 77 Argyle Avenue, Riverside, Rhode Island is present and sworn. She says she will be introducing legislation which will prevent a tower ever being built in a playground.
The following persons are sworn in and speak against the issue:
Debra Cash, 1 Allison Court, East Providence, Rhode Island
Anthony Bochichio, 96 Pinecrest Drive, Riverside, Rhode Island.
After a lengthy discussion, a motion is made by Mr. Midgley, seconded by Mr. Miranda, and unanimously VOTED, that no tower will be erected at Grassy Plains Playground at any time.
Mr. Conley explains to the Council the procedure for amending a Zoning ordinance, and says it would have to be referred to the Planning Board and then come back to the Council. What he suggests is that he draft an amendment to the present ordinance and give it to the Planning Board. Mayor Larisa says the amendment should provide for a two week notice by Certified Mail, along with a map of the proposed use.
After further discussion, a motion is made by Mr. Miranda, seconded by Mr. Grant, and unanimously VOTED on a roll call vote to refer the matter to the Planning Board.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to return to the regular order of business.
ALCOHOLIC BEVERAGE - CLASS B-FULL PRIVILEGE - TRANSFER
From: Jo Petro inc, dba: Minerva Rest.
To: Mkrtich Dedyan dba: Minerva Pizza House, 1022 South Broadway
The applicant is present with his Attorney, Mr. Grande.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
Victualing/not over 50 - Transfer
From: Jo Petro, Inc. dba: Minerva's Restaurant
To: Mkrtich Dedyan dba: Minerva Pizza House, 1022 South Broadway
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve, subject to approvals from the Police Chief, Building and Health Inspectors.
Wrecker/Tower - Transfer of Location & DBA (Deferred from January 19, 1999)
From: Richard R. Cavallaro DBA Woods, 2336 Pawtucket Avenue
To: Richard Cavallaro DBA East Providence Towing, 179 Greenwood Avenue
Richard Cavallaro informs the Council that he was asked to leave the 179 Greenwood Avenue address by the person who owns the property. He now will operate out of 101 Commercial Way.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously to approve, subject to approval of the Police Chief.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE
(Given First Passage January 19, 1998 - Advertised Providence Journal - January 23, 1999)
AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "TAXATION.", which amends: SECTION I: Chapter 16 by adding: ARTICLE IV. Tax Stabilization for Qualified Businesses; Sec. 16-49 Definitions., Sec. 16-50 Purpose; Sec. 16-51 Eligible Property; Sec. 16-52 Stabilization Schedule; Sec. 16-53 Application procedure. (Requested by Councilman Grant)
There are no persons from the public wishing to speak on the ordinance.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the ordinance for Final Passage.
(Proposed Zoning Ordinance Amendment for the Regulation of Drive-Through Establishments - Advertised - Providence Journal - January 18, 25 and February 1, 1999
AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ZONING.,which amends SEC I. & SEC II. Sec 19-1 entitled "Definitions" is hereby amended by deleting/adding: SEC III. Sec 19-50. entitled "Variances-General Conditions" adding: (g) SEC IV. Sec 19-98. entitled "Schedule of use regulations.", deleting: SEC V. Sec 19-98 entitled "Schedule of use regulations.", adding: Sec 19-347 - 19-353 SEC VI. Subsec (b) of Sec 19-283 entitled "Plans.", (b) Construction, 1,2,3,4,5. SEC VII. Article VIII. entitled "Development Plan Review.", adding:
Sec 19-462. Drive-through Facilities, Sec 19-463 through Sec. 19-469
Sec 19-463. Same-Site Standards and Plan Review
Sec 19-464 Same-Stacking Lanes/Traffic Circulation (1) a,b,c,d,e,f,g,h,i,j,k, 2,3,4,5,6 Sec 19-465. Same-Signage and Lighting
Sec 19-466. Same-Litter and Noise Control (1) & (2)
Sec 19-467. Same-Landscaping 1,2,3, if applicable, be part of the additional buffer requirements of Sec 19137.
Sec 19-468. Same-Storage of flammable and hazardous materials.
Sec 19-469. Same-Protection of Gas Meters CHAPTER NO. 53
There are no persons from the public wishing to be heard.
Mr. Midgley asks that liquor stores be excluded. On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to exclude liquor stores from drive-through facilities.
Ms. Boyle states that the neighbors have the right to appeal a decision by the Zoning Board.
After further discussion, a motion is made by Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to amend the Ordinance by excluding liquor stores.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to adopt the ordinance as amended.
(Proposed Zoning Ordinance Amendment for the Regulation of the Height of Principal and Accessory Residential Structures)
AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ZONING." which amends SEC I. Sec 19-144 entitled "Accessory buildings and structures," (a) (b) (c) 1,2, SEC II. Sec 19-145 entitled "Schedule.",
CHAPTER NO. 52
There are no persons wishing to be heard on the ordinance.
Jeanne Boyle says new home plans are coming in at 35' and the present ordinance limits the height to 30'. This also changes the accessory structures from 15' to 20'.
Mr. Rogers speaks on the ordinance and suggests pulling Section 19-144 out of the ordinance dealing with same size structures. After further discussion, a motion is made by Mr. Rogers, seconded by Mr. Miranda, to delete the provision in the proposed ordinance which would allow accessory uses conforming to Sec. 19-171 located in a lot with an area greater than 18,750 sq. feet to be treated as a principal structure in terms of height requirements, providing all the setback requirements applicable to a principal structure are met.
Roll call vote follows:
Mr. Grant Nay
Mr. Midgley Nay
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The motion passes on a 3-2 vote.
Motion is made by Mr. Rogers, seconded by Mr. Miranda, to adopt the ordinance as amended. Roll call vote follows:
Mr. Grant Nay
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The motion passes 4-1.
Narragansett Electric requesting approval for a utility easement for the transformer and other equipment which supplies power to the Senior Center.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to approve.
City Manager's Report
Mr. Lemont reports that the City's Dress Down Days have raised $12,421 over the five year period that the program has been in place. Additionally, the employees have given nearly $75,000 to the United Way, making a total of $86,662 to charity as of the end of 1998. He says the United Way campaign this year has raised $14,322. The employees of this City have given
Mr. Lemont reports that the City's pension fund is worth $77.8 million as a result of the restructuring and management of the plan.
Claire M. Dawson Claim No. 98-230 Approved
Clark A. Richardson Claim No. 98-244 Denied
Anthony D. Izzi Claim No. 99-2 Referred to RIDOT
David Leamy Claim No. 99-3 Referred to Rubbish Contractor
Joseph Marcello claim 99-4 Denied
Thomas Riley Claim No. 99-7 Referred to RIDOT and BCWA
Judith Silva Claim No. 98-49 Denied
Linda Rosenbloom Claim No. 99-6 Denied
R&R Associated et al. V. City of Providence Water Supply Board Received as Information
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to accept the report as presented.
(By Mayor Joseph S. Larisa, Jr.)
$250 Property Tax Rebate for Low Income East Providence Residents
Mayor Larisa defers the item to the next meeting.
Abolition of second full-time Municipal Court Clerk Position
Mayor Larisa says he does not see the need for a third full time clerk at this time, and proposes replacing it with a part-time no benefits position.
A motion to abolish the third full time position in the Municipal Court is made by Mr. Midgley, and seconded by Mr. Rogers.
Discussion follows.
Mr. Grant and Mr. Miranda speak and say they will not support this motion.
Mayor Larisa states for the record that he does not know the person in the position and has no animosity towards that person, and if she applies for the part-time job, she will be considered. He says this is about cutting costs and saving money.
Mr. Miranda says that Judge Farley was chosen because he was qualified, and the Council should be listening to what he says.
Mr. Midgley says he wants to go on record that Judge Farley was the unanimous choice of the Council. He also says that he never agreed with the need for the second full time Teller position.
The following persons receive Unanimsous Consent and speak on the issue:
John Conley
Judge Michael Farley
John Vincent
Lt. Walter Barlow, East Providence Police Department, addresses the Council and speaks on the operations at A.A.C. and how they relate to the Court.
Mayor Larisa says no one knows at this time if the changes in A.A.C. will result in fewer, more, or the same number of cases in Municipal Court. He says if there are additional responsibilities in the Court in the future, the issue can be revisited.
Mayor Larisa asks for a friendly amendment to the motion to have it occur at the close of business this Friday. Mr. Rogers asks that it be effective as of Friday, February 19, 1999.
Roll call taken on the motion: To abolish the third full-time Municipal Court position as of Friday, February 19, 1999.
Mr. Grant Nay
Mr. Midgley Aye
Mr. Miranda Nay
Mr. Rogers Aye
Mayor Larisa Nay
Mayor Larisa withdraws his "Nay" and changes it to "Aye."
The motion passes 3-2.
Creation of a half-time, no benefits, second Municipal Court Clerk Position
Mayor Larisa proposes the position be advertised, with a screening committee consisting of the Judge, City Solicitor, and City Clerk.
Motion to approve is made by Mr. Midgley, seconded by Mr. Rogers.
Mr. Rogers says consideration should be given to the existing Clerk if she desires the position. Mr. Midgley suggests offering the position to the existing Clerk, and if she is not interested in it, then it should be advertised, but it should not be advertised if she wants the position.
Roll call vote is taken on the motion:
Mr. Grant Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
Motion passes 5-0.
Fundraiser to benefit the Megan Hayward Fund
Mayor Larisa announces a benefit for Megan Hayward, three year old daughter of former East Providence Mayor Mark Hayward, who was diagnosed with liver cancer and has gone through an operation to receive part of her father's liver. The fundraisers are being organized to help defray the medical costs.
Charity Ball
Mr. Miranda announces the Charity Ball will be held on Saturday, February 6, 1999.
(By Councilman Patrick A. Rogers)
Mr. Rogers speaks on the need for Transportation for Senior Citizens. He asks the City Manager to have the Director of the Senior Center put together a proposal for one or two vans.
Mr. Lemont says he believes there is an organization that will be donating a van for the Senior Center.
A Resolution amending Resolution No. 19 Adopted April 7, 1998 - Council Rules of Procedure.
This resolution changes the time of the Council Meetings from 8:00 p.m. to 7:30 P.M.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to adopt the Resolution
Mr. Midgley receives Unanimous Consent to discuss adding an item to the Resolution. He says he would like to add "Unfinished Business" to the docket, to allow for items not on the docket. Mayor Larisa says any Councilman can ask for Unanimous Consent to discuss an item not on the docket.
Mr. Midgley withdraws his request.
(If given first passage, can be referred to the next regular Council meeting to be held on February 16, 1999 for a public hearing and consideration of final passage)
AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ADMINISTRATION.", which amends SEC I. adding: Division 13. Youth Advisory Board, Sec 2.206.1 Establishment of Youth Advisory Board Sec 2.206.2 Officers and Quorum. Sec 2.206.3 Duties. 1,2,3,4,5,6. (Requested by Councilman Norman J. Miranda)
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to give First Passage to the ordinance.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", which amends Article X entitled "Stopping, Standing and Parking.", Subsec 18-307 entitled "Parking prohibited at all times.", adding : NORTH BROADWAY (east side), starting from a point 130 feet south of HOBSON AVE, north 22 feet. (Requested by Councilman Patrick Rogers)
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to give First Passage to the ordinance.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", which amends SEC I. Article X entitled "Stopping, Standing and Parking.", Subsec 18-307 entitled "Parking prohibited at all times.", adding: LUTHER AVENUE (both sides), from STATE STREET easterly to its dead end. (Requested by Councilman Norman J. Miranda)
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously to give First Passage to the Ordinance.
Ms. Kubacki addresses the Council and says this is beyond the parking issue.
Lt. Walter Barlow speaks on the issue. He says the Police Department's recommendation is that Emergency No Parking be put in effect until the second passage.
On motion of Mr. Miranda, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to allow the ordinance to temporarily go into effect pending second passage.
George Sarganis asks for Unanimous Consent to speak on the Sewer Use Fee. Mayor Larisa says this should be a docketed item, and says Mr. Conley will prepare a memo, which will be sent to Mr. Sarganis.
City Council Liaison Appointments
Councilman Rolland R. Grant Beautification Committee
Councilman Norman J. Miranda Planning Board
Recreation Advisory Board
Councilman Patrick A. Rogers School Committee
Historic Properties
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve.
There being no further business, the meeting adjourns at 10:45 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk